Editor's Note: This article will only be effective when
the city's budget reaches one millian dollars ($1,000,000.00).
[Ord. No. 10-2010 §§ 1
— 5, 9-7-2010; Ord.
No. 4-2012 §§ 1 — 5, 8-21-2012; Ord. No. 4-2014 §§
1 — 5, 9-2-2014; Ord. No. 1-2016 §§ 1 — 5, 8-16-2016]
A.
Declaration Of Policy. The proper operation of government requires
that public officials and employees be independent, impartial, and
responsible to the people; that government decisions and policy be
made in the proper channels of the governmental structure; that public
office not be used for personal gain; and that the public have confidence
in the integrity of its government. In recognition of these goals,
there is hereby established a procedure for disclosure by certain
officials and employees of private financial or other interests in
matters affecting the City.
B.
Conflicts Of Interest.
1.
All elected and appointed officials, as well as employees of
a political subdivision must comply with Section 105.454, RSMo., regarding
conflicts of interest, as well as any other State law governing official
conduct.
2.
Any member of the Governing Body of a political subdivision
who has a substantial or private interest in any measure, bill, order
or ordinance proposed or pending before such Governing Body must disclose
that interest to the Secretary or Clerk of such body, and such disclosure
shall be recorded in the appropriate journal of the Governing Body.
"Substantial or private interest" is defined as ownership by the individual,
his spouse, or his dependent children, whether singularly or collectively,
directly or indirectly of:
a.
Ten percent (10%) or more of any business entity; or
b.
An interest having a value of ten thousand dollars ($10,000.00)
or more; or
c.
The receipt of a salary, gratuity, or other compensation or
remuneration of five thousand dollars ($5,000.00) or more, per year,
from any individual, partnership, organization, or association within
any calendar year.
C.
Disclosure Reports. Each elected official, candidate for elective
office, the Chief Administrative Officer, Chief Purchasing Officer,
and the full-time general counsel shall disclose the following information
by May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., if any such transactions occurred during the previous calendar
year:
1.
For any such person, and all persons within the first degree
of consanguinity or affinity of such person, the date and the identities
of the parties to each transaction with a total value in excess of
five hundred dollars ($500.00), if any, that such person had with
the political subdivision, other than compensation received as an
employee or payment of any tax, fee, or penalty due the political
subdivision, and other than transfer for no consideration to the political
subdivision.
2.
The date and identities of the parties to each transaction known
to the person with a total value in excess of five hundred dollars
($500.00), if any, that any business entity in which such person had
substantial interest had with the political subdivision, other than
payment of any tax, fee, or penalty due to the service to the political
subdivision, and other than transfers for no consideration to the
political subdivision.
3.
The Chief Administrative Officer, Chief Purchasing Officer,
and candidates for either of these positions shall also disclose by
May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., the following information for the previous calendar year:
a.
The name and address of each of the employers of such person
from whom income of one thousand dollars ($1,000.00) or more was received
during the year covered by the statement;
b.
The name and address of each sole proprietorship that he owned;
the name, address, and the general nature of the business conducted
of each general partnership and joint venture in which he was partner
or participant; the name and address of each partner or coparticipant
for each partnership or joint venture unless such names and addresses
are filed by the partnership or joint venture with the Missouri Secretary
of State; the name, address and general nature of the business conducted
of any closely held corporation or limited partnership units; the
name of any publicly traded corporation or limited partnership that
is listed on a regulated stock exchange or automated quotation system
in which the person owned two percent (2%) or more of any class of
outstanding stock, limited partnership units or other equity interests;
c.
The name and address of each corporation for which such person
served in the capacity of a director, officer, or receiver.
D.
Filing Of Reports.
1.
The financial interest statements shall be filed at the following
times, but no person is required to file more than one financial interest
statement in any calendar year:
a.
Every person required to file a financial interest statement
shall file the statement annually not later than May 1, and the statement
shall cover the calendar year immediately preceding December 31; provided
that any member of the Board may supplement the financial interest
statement to report additional interests acquired after December 31
of the covered year until the date of the filing of the financial
interest statement.
b.
Each person appointed to office shall file the statement within
thirty (30) days of such appointment or employment covering the calendar
year ending the previous December 31;
c.
Every candidate required to file a personal financial interest
statement shall file no later than fourteen (14) days after the close
of filing at which the candidate seeks nomination or election or nomination
by caucus. The time period of this statement shall cover the twelve
(12) months prior to the closing date of filing for candidacy.
2.
Financial disclosure reports giving the financial information
required in Subsection (c) herein shall be filed with the local political
subdivision and with the Missouri Ethics Commission. The reports shall
be available for public inspection and copying during normal business
hours.
[R.O. 2006 § 125.010; CC 1975 § 25.040]
No officer or employee of the City shall transact any business
in his/her official capacity with any business entity of which he/she
is an officer, agent or member or in which he/she owns a substantial
interest; nor shall be/she make any personal investments in any enterprise
which will create a substantial conflict between his/her private interest
and the public interest; nor shall be/she or any firm or business
entity of which he/she is an officer, agent or member or the owner
of substantial interest sell any goods or services to any business
entity which is licensed by or regulated in any manner by the City.
[R.O. 2006 § 125.020; CC 1975 § 25.050]
No officer or employee of this City shall enter into any private
business transaction with any person or entity that has a matter pending
or to be pending upon which the officer or employee is or will be
called upon to render a decision or pass judgment. If any officer
or employee is already engaged in the business transaction at the
time that a matter arises, he/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[R.O. 2006 § 125.030; CC 1975 § 25.060]
[R.O. 2006 § 125.040; CC 1975 § 25.070]
The City Engineer and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the City. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section 100.220 of this Code.
[R.O. 2006 § 125.050; CC 1975 § 25.080]
All purchases of and contracts for supplies and contractual
services in an amount in the excess of one thousand dollars ($1,000.00)
or which in the aggregate exceed the amount of one thousand dollars
($1,000.00) purchased from a single supplier within a ninety-day period
and all sales of personal property which has become obsolete and unusable
shall be based on competitive bids or negotiated proposals, however
the Board of Aldermen are not required to accept the lowest bid or
proposal but shall accept the bid or proposal that best serves the
interest of the City.
[R.O. 2006 § 125.060]
No City Official or employee shall name or appoint to public
office or employment any relative within the fourth degree of consanguinity.
This Section shall not be construed to prohibit employment by the
City of two (2) or more persons who are related.
